Appellate Division, Third Department Guilty Pleas Waiver — Sentence People v. Cianfarani 103640 Appealed from County Court, Schenectady County Background: The defendant entered a convenience store and displayed an imitation weapon to a store clerk in order to forcibly obtain ...

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Appellate Division, Third Department Attorney Misconduct Misdemeanor Conviction — Sexual Relations with Client Matter of Matthew Swedick D-02-11 Background: The respondent attorney was admitted to practice by this court in 1998. He maintains an office for the practice of law ...

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Appellate Division, Third Department Real Property Actions for Partition Hemmings Gapihan v. Hemmings 510421 Appealed from Supreme Court, Kings County Background: This appeal is from an order that partially granted the referee’s motion for leave to alter the method of ...

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Appellate Division, Fourth Department Right to Testify Attorney’s Advice People v. Cosby KA 06-03311 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted of rape and menacing. He appealed from the conviction and from the denial of a ...

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Appellate Division, Fourth Department Motion to Vacate Conviction Hearing People v. Campbell KA 08-02049 Appealed from Steuben County Court Background: After conviction for murder, the defendant brought a motion to vacate the judgment based upon ineffective assistance of counsel. The ...

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Appellate Division, Fourth Department Zoning Special Permits — Sale of City Property Matter of Esposito v. City of Rochester 1599 Appealed from Supreme Court, Monroe County Background: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying ...

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Appellate Division, Fourth Department Murder Double Jeopardy People v. Gause KA 08-01878 Appealed from Monroe County Court Background: The defendant had originally been charged with depraved-indifference murder and intentional murder, with the jury convicting on the depraved-indifference count but not ...

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Appellate Division, Fourth Department Escape Stipulated Facts People v. Swan KA 09-02349 Appealed from Cayuga County Court Background: The defendant had been pleaded guilty to escape in the second degree and had appealed the conviction. When the court of appeals ...

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Appellate Division, Fourth Department Sex Offender Registration Act Downward Departure People v. Cummings KA 10-01402 Appealed from Wyoming county Court Background: The defendant, who had been convicted of rape first degree, was found to be a Level 3 (high risk) ...

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Appellate Division, Fourth Department Sex Offender Registration Act Clear and Convincing Evidence People v. Paul KA 10-00176 Appealed from Oswego County Court Background: The defendant was previously convicted of a sex offense and was afterwards adjudicated a Level 3 (high) ...

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Appellate Division, Third Department Banking Fiduciary Duty — Subrogation Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A. 510339 Appealed from Supreme Court, Albany County Background: The plaintiff has the statutory purpose ...

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Appellate Division, Third Department Easements Burgher v. AF III Properties LLC 510153 Appealed from Supreme Court, Otsego County Background: The plaintiffs operate an automotive repair shop that is located on property immediately adjacent to a shopping center owned by the ...

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